Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
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14 <strong>Managing</strong> <strong><strong>Co</strong>nflict</strong> <strong>of</strong> <strong>Interest</strong>automatically and unreservedly to these goals. There will be others(the “self-interested”) who, unless there are countervailing mechanismsin place, will allow their personal interests to interfere with theirpublic duties and will use their public position <strong>for</strong> personal gain. Thismay take the <strong>for</strong>m <strong>of</strong> making illicit payments <strong>for</strong> services rendered;taking advantage <strong>of</strong> “inside in<strong>for</strong>mation” <strong>for</strong> personal financialbenefit; providing advice and making decisions in ways that will providepersonal benefit; and showing favoritism toward associates orfamily members in appointments, promotions, and the award <strong>of</strong> contracts.In a similar way, politicians may take actions that are designedto benefit their party at the expense <strong>of</strong> the wider public. Where thereis abuse <strong>of</strong> power <strong>for</strong> personal or purely party gain, we may say thatthe transgressor has allowed a conflict <strong>of</strong> interest—i.e., a private orparty interest—to interfere with or override his public duties.The personal interests <strong>of</strong> politicians and <strong>of</strong>ficials can be consideredin the narrow sense that they may have a specific, identifiableconflict—e.g., if they own shares in a company bidding <strong>for</strong> acontract whose award it is their job to decide. Or, their personalinterests can be considered in the broad sense that they may have apersonal interest that diverges from the aims <strong>of</strong> their government oragency—e.g., if they are inclined to seek a bribe <strong>for</strong> providing a service.The broad definition is preferable if one wishes to understandhow abuse <strong>of</strong> power and corruption originate and how to addressthe issues. The rest <strong>of</strong> this paper assumes this broad definition. 33The broad definition <strong>of</strong> conflict interest follows that <strong>of</strong> the “public choice”theorists. See Tullock, Gordon. 1965. The Politics <strong>of</strong> Bureaucracy. Washington,DC: Public Affairs Press; and Downs, Anthony. 1967. Inside Bureaucracy.Boston: Little Brown. The broad definition in their work covers not just thesituation where the <strong>of</strong>ficial or politician is seeking financial gain. It also coversnonfinancial conflicts where the <strong>of</strong>ficial or politician might be working towarda personal policy agenda that is at odds with the <strong>of</strong>ficial policy agenda. In contrastto the pursuit <strong>of</strong> personal interests <strong>for</strong> financial gain, this may not alwaysbe at the expense <strong>of</strong> the public interest—<strong>for</strong> example, if the <strong>of</strong>ficial is working<strong>for</strong> a government whose policies are patently unethical. This analysis dealsonly with conflicts <strong>of</strong> interest that result in personal or party financial gain. Buteven here the conflict may not always be at the expense <strong>of</strong> the public interest(see the last paragraph in this section). In suggesting that the vast majority <strong>of</strong>politicians and <strong>of</strong>ficials are driven primarily by self interest, “public choice”theorists are apt to underestimate the extent to which politicians and <strong>of</strong>ficialsin most societies are in fact “altruistic.” Their typology nonetheless provides auseful framework <strong>for</strong> considering how bureaucracies work.ADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific